Discaya v. Immigration and Naturalization Service

JUDGMENT ORDER and MEMORANDUM OPINION

AUSTIN, District Judge.

Plaintiff seeks review of an administrative ruling and order of voluntary departure of the Immigration and Naturalization Service of the Department of Justice. Before the court is defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure, defendant’s motion to dismiss, which was accompanied by the complete administrative record, shall be treated by the court as a motion for summary judgment under Rule 56.

Plaintiff is a…